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(영문) 서울북부지방법원 2020.05.14 2019고단4210
강제추행
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 9, 2019, the Defendant: (a) around 23:59 on April 23, 2019, at the hotel room in Gangseo-gu Seoul Northern-gu B hotel room, the Defendant met the part, such as the victim C (at the time, 27 years old) who was living in the bed; and (b) on the part of the victim, the Defendant met the part, such as the victim, by his hand, even though the victim stated that “I would start to work”.

Accordingly, the defendant committed indecent acts by force against the victim.

2. Determination

(a) Indecent act means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom;

The issue of whether it is a case shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner of act, and objective situation surrounding the act, sexual morality, etc.

(see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). B.

According to the evidence duly adopted and examined by this Court, the following facts and circumstances are recognized.

① The Defendant and C came to know one through two weeks prior to the date on which the facts charged were entered in the facts charged, and came to know one another as an employee and a customer, and then breabed as well. On April 7, 2019, prior to the instant framework, C had a sexual intercourse with the Defendant’s house, and C had a sexual intercourse with the Defendant’s house, and next day, C had a way to place the Defendant on the lane.

② On the day of the instant case, C calls with the Defendant and called that, without entering the house, he would be well locked in the telecom, and the Defendant said that he would also go to the telecom.

C, while stating that “I would know that I would not have a sexual relationship with the Defendant,” the Defendant expressed that “I would know, I would like to not have a sexual relationship,” and the Defendant promised that I would look before the her.

The defendant first arrived and then calculated the telecom cost, and the defendant and C also met.

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